Clergy Tax Classifications and Church Withholdings.
Clergy tax also known as minister tax raises some interesting questions for the church...
Is the church required to hold out federal and state income tax from a minister's paycheck?
How about Social Security and Medicare taxes? Is the church required to match the FICA tax?
A clergy's tax situation is unique and as church administrators residing in the United States, it is imperative that we know the IRS's tax laws regarding minister or clergy's tax before we write that first paycheck.
But first and foremost.....
Who is considered a clergy or minister for tax purposes?
In order to be classified a clergy for tax purposes, a minister must satisfy all five separate tests:
Be licensed or ordained
Administer the sacraments of the church (weddings, funerals, baptisms, and communion, etc...)
Be considered a religious leader by the church
Conduct religious worship
Have management responsibilities in the church
The Pastor is almost always considered a clergy for tax purposes.
Do clergy receive special tax treatments?
Yes and No. Clergy receive special tax treatment for the following three topics:
Ministers pay their own self-employment tax.(Even though ministers are considered church employees, they are treated as self-employed for Social Security and Medicare tax purposes.
Ministers can receive a Housing Allowance and/or live in a church provided parsonage. (The value of both of these are excluded from a minister's calculation of income tax...but still subject to self-employment tax)
Churches cannot withhold Social Security and Medicare tax from a minister's paycheck.
What is self-employment tax?
The self-employment tax consists of 12.4% for Social Security and 2.9% for Medicare (15.3% combined).
Unlike non-minister employees, the church cannot withhold ½ of the Social Security and Medicare tax from a minister employee’s paycheck and does not have to match any FICA tax as none is held out.
Instead, a minister employee is responsible for paying his own self-employment tax. As a result, the minister employee actually pays twice as much Social Security and Medicare as a non-minister employee.
In most circumstances the amount of the minister’s income that is subject to the self-employment tax includes the base salary, the housing allowance, and the fair rental value of church provided housing, if any.
An example of what a minister could expect to pay in self-employment tax :
32,000 (base salary) plus and an additional $14,400 (housing allowance)= $46,400 times 15.3% =$7048 (Note: This amount does not include the minister's income tax)
Can a clergy opt out of social security?
Yes. But he must do it by the second year in which he earned more than $400 of ministerial income. IRS Form 4361 must be used and it must be filed on the correct basis of religious belief. If approved by the IRS, only earnings from ministerial services are exempt from self-employment tax. Form 4361 indicates that once the exemption is approved, you cannot revoke it.
Can a church withhold tax for the clergy?
Yes. The church can withhold income tax, but not Social Security and Medicare tax.
A minister is responsible for paying the Social Security and Medicare tax himself. He can pay this tax by making quarterly estimated tax payment, or by requesting the church to hold out extra income tax.
The minister must complete a form W-4 and request that a specific amount be withheld from each paycheck.
For example, if a minister estimates that his combined income and self-employment tax for the year will be $9600. He can request that the church withhold $800 of income tax from each month's paycheck.
Even though the minister can only elect withholding of income taxes, he can use these tax payments against both income and self-employment tax since they are added together on his personal income tax return (Form 1040).
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